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Article

7 Aug 2015

Author:
Steven T. Collis, Holland & Hart LLP, in National Law Review (USA)

USA: Lawyer gives practical steps for employers to avoid religious discrimination liability

"Religious Accommodation: Five Steps to Avoid Liability After Abercrombie Decision", 5 Aug 2015

Even if religion does not come up during a job interview, you still may be liable for religious discrimination under Title VII if you reject the applicant to avoid offering a presumed reasonable accommodation. The U.S. Supreme Court's June decision in EEOC v. Abercrombie & Fitch Stores, Inc. made clear that it is your motive in rejecting the applicant that matters. Here is a summary of why the Supreme Court ruled against Abercrombie & Fitch as well as five practical steps you can take to avoid a similar outcome...Step #1: Don't Assume...#2: Don't Ask...#3: Stick to Job Requirements...#4: Engage in the Interactive Process...#5: Be Prepared to Reasonably Accommodate...